Editorial Notes
CodificationIn subsec. (e), “chapter 85 of title 41” substituted for “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
The text of subsec. (f) of section 8127 of Title 38, Veterans’ Benefits, which was transferred to subsec. (f) of this section by Puspan. L. 116–283, div. A, title VIII, § 862(span)(2), Jan. 1, 2021, 134 Stat. 3778, was based on Puspan. L. 109–461, title V, § 502(a)(1), Dec. 22, 2006, 120 Stat. 3431; Puspan. L. 111–275, title I, § 104(span)(1), Oct. 13, 2010, 124 Stat. 2867; Puspan. L. 114–328, div. A, title XVIII, § 1832(span)(2)(D), (d), (f)(1), Dec. 23, 2016, 130 Stat. 2660; Puspan. L. 116–283, div. A, title VIII, § 862(span)(1)(B), Jan. 1, 2021, 134 Stat. 3776.
Prior ProvisionsA prior section 2[36] of Puspan. L. 85–536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2021—Subsecs. (a), (span). Puspan. L. 116–283, § 862(d)(1)(D), added subsecs. (a) and (span). Former subsecs. (a) and (span) redesignated (c) and (d), respectively.
Subsec. (c). Puspan. L. 116–283, § 862(d)(1)(C), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (e).
Subsec. (c)(2)(A). Puspan. L. 116–283, § 864(3), substituted “$7,000,000” for “$5,000,000”.
Subsec. (d). Puspan. L. 116–283, § 862(d)(1)(C), (E), redesignated subsec. (span) as (d) and inserted “certified under subsection (span)” before “if the contracting officer”.
Puspan. L. 116–283, § 862(d)(1)(A), redesignated subsec. (d) as par. (3) of subsec. (h).
Subsec. (e). Puspan. L. 116–283, § 862(d)(1)(B), (C), redesignated subsec. (c) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “For purposes of this section, the term ‘contracting officer’ has the meaning given such term in section 2101(1) of title 41.”
Subsec. (f). Puspan. L. 116–283, § 862(span)(2), transferred subsec. (f) of section 8127 of Title 38, Veterans’ Benefits, to subsec. (f) of this section. See Codification note above.
Subsec. (g). Puspan. L. 116–283, § 862(d)(1)(F), added subsec. (g).
Subsec. (h). Puspan. L. 116–283, § 862(d)(1)(F), added subsec. (h).
Subsec. (h)(3). Puspan. L. 116–283, § 862(d)(1)(G), inserted “and section 657f–1 of this title” before period at end.
Puspan. L. 116–283, § 862(d)(1)(A), redesignated subsec. (d) as par. (3) of subsec. (h).
Subsec. (i). Puspan. L. 116–283, § 862(d)(1)(F), added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPuspan. L. 116–283, div. A, title VIII, § 862(span)(2), Jan. 1, 2021, 134 Stat. 3778, provided that the amendment made by section 862(span)(2) is effective on the transfer date (2 years after Jan. 1, 2021, see section 862(a) of Puspan. L. 116–283, set out below).
Transfer of Verification of Small Business Concerns Owned and Controlled by Veterans or Service-Disabled Veterans to the Small Business AdministrationPuspan. L. 116–283, div. A, title VIII, § 862(a), (c), (f), (g), Jan. 1, 2021, 134 Stat. 3776, 3779, 3781, 3782, provided that:“(a)Transfer Date.—For purposes of this section [enacting section 657f–1 of this title, amending this section, sections 632 and 645 of this title, and sections 8127 and 8128 of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under this section, section 632 of this title, and section 8127 of Title 38], the term ‘transfer date’ means the date that is 2 years after the date of enactment of this Act [Jan. 1, 2021].
“(c)Additional Requirements for Database.—“(1)Administrator access to database before the transfer date.—During the period between the date of the enactment of this Act [Jan. 1, 2021] and the transfer date, the Secretary of Veterans Affairs shall provide the Administrator of the Small Business Administration with access to the contents of the database described under section 8127(f) of title 38, United States Code.
“(2)Rule of construction.—Nothing in this section or the amendments made by this section may be construed—“(A) as prohibiting the Administrator of the Small Business Administration from combining the contents of the database described under section 8127(f) of title 38, United States Code, with other databases maintained by the Administration; or
“(B) as requiring the Administrator to use any system or technology related to the database described under section 8127(f) of title 38, United States Code, on or after the transfer date to comply with the requirement to maintain a database under subsection (f) of section 36 of the Small Business Act [15 U.S.C. 657f(f)] (as transferred pursuant to subsection (span)(2) of this section). “(3)Recognition of the issuance of joint regulations.—The date specified under section 1832(e) of the National Defense Authorization Act for Fiscal Year 2017 [Puspan. L. 114–328] (15 U.S.C. 632 note) shall be deemed to be October 1, 2018. “(f)Status of Self-Certified Small Business Concerns Owned and Controlled by Service-Disabled Veterans.—“(1)In general.—Notwithstanding any other provision of law, any small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that self-certified as a small business concern owned and controlled by service-disabled veterans (as defined in section 36 of such Act (15 U.S.C. 657f)) shall—“(A) if the concern files a certification application with the Administrator of the Small Business Administration before the end of the 1-year period beginning on the transfer date, maintain such self-certification until the Administrator makes a determination with respect to such certification; and
“(B) if the concern does not file such a certification application before the end of the 1-year period beginning on the transfer date, lose, at the end of such 1-year period, any self-certification of the concern as a small business concern owned and controlled by service-disabled veterans.
“(2)Non-applicability to department of veterans affairs.—Paragraph (1) shall not apply to participation in contracts (including subcontracts) with the Department of Veterans Affairs.
“(3)Notice.—The Administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this section and the amendments made by this section, including the transfer date, and make such notice publicly available, on the date of the enactment of this Act [Jan. 1, 2021].
“(g)Transfer of the Center for Verification and Evaluation of the Department of Veterans Affairs to the Small Business Administration.—“(1)Definition.—In this subsection, the term ‘function’—“(A) means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and
“(B) does not include employees.
“(2)Abolishment.—The Center for Verification and Evaluation of the Department of Veterans Affairs, as defined under section 74.1 of title 38, Code of Federal Regulations, is abolished effective on the transfer date.
“(3)Transfer of functions.—Effective on the transfer date, all functions that, immediately before the transfer date, were functions of the Center for Verification and Evaluation shall be functions of the Small Business Administration.
“(4)Transfer of assets.—So much of the property (including contracts for the procurement of property or services) and records used, held, available, or to be made available in connection with a function transferred under this subsection shall be available to the Small Business Administration at such time or times as the President directs for use in connection with the functions transferred.
“(5)Savings provisions.—“(A)Continuing effect of legal documents.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—“(i) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this subsection; and
“(ii) which are in effect on the transfer date, or were final before the transfer date and are to become effective on or after the transfer date,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Small Business Administration or other authorized official, a court of competent jurisdiction, or by operation of law.
“(B)Proceedings not affected.—The provisions of this subsection shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of Veterans Affairs on the transfer date, with respect to functions transferred by this subsection but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subsection had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted.
“(C)Suits not affected.—The provisions of this subsection shall not affect suits commenced before the transfer date, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted.
“(D)Nonabatement of actions.—No suit, action, or other proceeding commenced by or against the Department of Veterans Affairs, or by or against any individual in the official capacity of such individual as an officer of the Department of Veterans Affairs, shall abate by reason of the enactment of this subsection.
“(E)Administrative actions relating to promulgation of regulations.—Any administrative action relating to the preparation or promulgation of a regulation by the Department of Veterans Affairs relating to a function transferred under this subsection may be continued by the Administrator of the Small Business Administration with the same effect as if this subsection had not been enacted.
“(F)Effect on personnel.—The Secretary of Veterans Affairs shall appoint any employee represented by a labor organization accorded exclusive recognition under section 7111 of title 5, United States Code, that is affected by the transfer of functions under this subsection to a position of a continuing nature for which the employee is qualified, at a grade and compensation not lower than the current grade and compensation of the employee.
“(6)References.—Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a function of the Center for Verification and Evaluation that is transferred under this subsection is deemed, after the transfer date, to refer to the Small Business Administration.”
